The Odisha Housing Board Act, 1968

*The Odisha Housing Board Act, 1968 An Act to provi.de for measures to deal with and satisfy the need of - housing accommodation CONTENTS ACTS: 1. Short ti~le , . extent and commencement 2. Definitions 3. ·Constitution of removal and the Board and resignation of members 4 . ·Leave of absence of Chairman 5. Disqualification for appointment on Board 6. · Term of office and conditions o.f service 7. . Vacancy in membership 8. Filling up casual vacancy and validity of actions during such vacancy 9. Proceedings presumed to be good and valid 10. Officers and employees ofthe Board 11 . General disqualification · of officers arid employees · 12. Appointment of Committees 13. Meeting of the Board 14. Power to make contracts 15. Execution of contracts 16. Delegation of Board's power to ' sanction contracts · 17. Powers and duties of Board to undertake housing schemes 18. Matters to be provided for by housing schemes .19. Preparati.on and submission of annual housi~g . programme budget-­ and establishment schedule 20. Sanction of programme, budget and establishment schedule 21. Publication of sanctioned programme 22. Supplementary programme and budget 23. Variation of programme by Board after it is sanctioned 24. Sanctioned housing schemes to be executed 25. Transfer of land vested ·in Improvement Trust , Municipal Council, etc., to the Board 26. Compensation in respect of land. · vested in the Board , · 27 . Power of Board to divert or close public street. vested iii it 28. Reference to Tribunal in case of dispute under Section 26 or Section 27 29. Vesting in the Improvement Trust, .Municipal Council, etc. , of streets laid out or altered and open space provided . by the Board 30. Other duties of the Board 31. Reconstitution of plots .32 . Power to exempt scheme from provisions of Sections 18 to 2 33. Power to purchase or take lease by agreement 34. Betterment charges 35 . . Notice to persons liable for betterment charges 36. Agreement for payment of betterment charges 37. Recovery of betterment charges 38. Power to dispose ·of land 39. Disputes regarding -reconstitution of plots . 40. District Judge·to be the Tribunal 41. Duties of the Tribunal 42. Powers of ·and · procedure before Tribunal · 43. Decision of Tribunal to be final · 44. Appeals to the High Court 45. Power to evict certain persons from Board premises · 46. Power to recover rent or dam~ges as arrears of land revenue .. ~~~lished · vide Odi~ha Gazette Ext ./3-7 -1968-0.A. No . 11 of 1968. --; 3 -1 9~~tement of Objects and Reasons , see Odisha Gazette Ext. No . 246/2 . s. 2] Odisha Housing Board Act , 1968 15/ 47_ Rent to be recovered by deduction from salary or wages in certain cases 4a. Appeal 49. Finality of orders 50. Board's Fund 51 . Appl ication of the Fund 52. Appropriation from one head to another 53 . Sl1bventions and loans to the Board 54. Power of Board to borrow 55. Account and audit 56. Concurrent and special audit of accounts 57. Reports 58 . Other st_atements and returns · 59. Power of entry 60. Notice of suit against Board 61 . Valuation of assets and liabilities of the Board 62. Power to make rules 63. Regulations 64. Power to make bye-laws 65. Penalty for contravention of bye-laws 66. Penalty for obstruction etc 67. Penalty for contravent ion of any provision of Chapter VI and for obstructing lawful exercise of powers thereunder 68. Authority for prosecution 69. Certain persons to be public servants 70. Protection of action taken under this .. ftd 71 . Applicability of Odisha House Rent Control Act 72. Government's power to give .dire.ctions to Boa'rd 73. Registration of documents executed on behalf of Board 74.: Default in performance of duty 75. Dissolution of the -Board 76. Member of the Legislative Assembly not to receive remuneration Whereas it is ex.pedient to provide for suitable measures for making of schemes and carrying out· of works necessary for dealing with and satisfying the need of housing accommodation and for that purpose to establish a Housing Board for the State of Odisha and to_ provide for matters ancillary or incidental there to; It is hereby enacted by the Legislature of the State of Odisha in the Nineteenth year of the Republic of India as follows : -CHAPTER-I Preliminary 1. Short title, extent and commencement-(1) This Act may be called the Odisha Housing Board Act , 1.968 . · (2) ft extends t~ the whole of the State of Odisha . · (3) It shall come into force on such date 1 as the State Government may, by notification , appoint in that behalf. 2. Definitions-In this Act, unless the context otherwise requires­ (a) "Board" means the Odisha State Housing Board constituted under Section 3; (b) "Board premises" means any premises belonging to or vested in the Board or taken on lease by the Board or entrusted to the Board under this Act for management and use for the purposes of this Act; (c) "building materials" means such commodities or articles as are specified by the State Govern~ent by notification to be building materials for .the purposes of _this Act; (d) "bye-laws" ·means bye-laws made under Section 64 ; (e) "Chairman" means the Chairman of the Board ; f- The Act came into force with effect from the 4th July, 1968 by Notfn. No . 8197-llH- 21168 _L. E. H./4-7-1968 vide Odisha Gazette Ext. No . 736/4-7-1968 . I 1 11. ·: .!.' l' i .,, ., I , " • f i ! ~ li~· 1' ' ' ' I '1" . l . I. I , j (f) [S .3 "competent authority" means any person authorised by the Stat Government, by notification, to perform the functions of the competen~ authority under Chapter VI within such area as may be specified in the notification ; (g) "Grama Sasan" means a Grama Sasah constituted under the Odisha Grama Panchayats Act, 1964 (Odisha Act 1 of 1·965); (h)· "housing scheme" means housing scheme made under this (i) Act and includes schemes entrusted to the Board by t_he State .Government from time to time ; "land" includes benefits to arise out of land and things attach.ed to the earth or permanently fastened to anything attached to the earth; (j) , "member" means a member of the Board; (k) "Municipal Council" means a Municipal Council or Notified Area Council constituted under the Odisha Municipal Act, 1950 (Odisha Act 23 ·of 1950) ; (I) "Panchayat Samiti" means a Panchayat Samiti constituted under the Odisha Panchayat Samiti and Zilla Parishad Act, 1959 (Odisha Act 7 of 1960); (m) "premises" means any building or part of a building an·d includes- . ' (i) gardens, grounds and out-houses, if any, appertaining to such building or part of a building, · (ii) any fittings affix.ed to such b.uilding or part ·of a building for the more beneficial enjoyment thereof, a~d (iii) any vacant . land vesting in the Board; {n) "prescribed" means prescribed by rules; (o) "programme" means the annual housing programme prepared by the B·oard under Section 19; (p) (q) (r) (s) (t) (u) "regulations" means regulations made under Section 63; "re.nt" means the· amount payable to the Board in respect of the . occupatio'n of a Board premises and includes the charges for water and electricity payable in. respect of water and electricity used or consumed in the premises; · "rules" means. rules made under this Act; "Secretary" means the Secretary to the Board; "Tribunal" means the Tribunal specified under Section 43; and "year" means -the year commenc•ng on the 1st day of April and ending on the 31st ·day of March . . CHAPTER-II Establishment of the Board 3. Constitution of the Board and removal and resignation of memb~rs· (1) With effect from such date as the State Government may, by notificatro~ , appoint in this behalf, there shall be established for the purposes of thrs Act, a Board by the name of the Odisha State Housing Board which shall b~ a body corporate ·having perpetual succession and a common se~I _an may .sue and be sued in its corp~rate name and shall su.bject to the provrs~o:i; of th~s Act, be competent to acquire, hold and.dispose of property both rno~ses and immovable and ~o contract and do all things necessary for the purp of this Act. · · Odisha H · ousing Board Act, 1968 159 (2) The Board shall · vernment and of the foll co.ns1st o.f the Chairman appointed by the State Go owing other members namely (a) . the Housing Com · . . ' · missioner, ex officio member ; and (b) seven persons ap · shall b ff pointed by the State Government of whom four b e 0 icers of the State Government and one shall be a ~em k er off the Odisha Legislative Assembly nominated by the pea er 0 the said Assembly. (~)The names of the Chairman and other members appoi.nted under Sub-section (2) shall be published ir:i the Gazette . 1 [(4) The Chairman and other members of the Board shall hold office during the pleasure of the State Government.] . · .. (5) ~ny m~mbe.r of the Board may at any time resign his Office by submitting his res1gnat1on to the State Gover·nment : : Provided that the r~signation shall not take effect until it is accepted . (6) For the purpose of this Act and the Land Acquisition Act , 1894 (1 of 1894) the Board shall be deemed to be a l.ocal authority. 4. ·Leave of absence of Chairman-The State Government may, from ·time to time, grant to the Chairman such leave as may be admissible under the rules and any person whom the s·tate Government may appoint to act for the Chairman during such absence on leave shall, while so acting, be deemed for all purposes of this Act to be the Chairman . 5. Disqualifi.cation for appointment on Board-(1) A person 2[shall be disqualified for being appointed as] the Chairman or any other member of the Board, if he- · (a), holds any office or -place of profit under the Board; I (b) is of unsound mind and stands so declared by a competent Court ; (c) is an undischarged insolvent; , (d) has directly or indirectly by himself or by any partner, any share or interest in any contract or employment with, by or on behalf of the Board; ' (e} is a Director or a Secretary, Manager or other salaried officer of any incorporated company which has any share or interest in any contract or employment with, by or on be.half of the Board ; or (f) has been convicted of any offence involving moral turpitude : \ Provided that nothing contained in Cla~se (a) shall apply to the Housin.Q Comm.issioner. . (2) A 'person shall not be di ~> 1 Jalified under Clause (d) or (e) of Sub-section ( 1) or be deemed to have any share or interest in any contract or employment within the meaning ~f the ~aid ~lauses, by reason only of his or the incorporated company of which he is~ D1recto.r, Secretary, Manag~r or other salaried officer h<;3Ving a share or interest in any newspaper in Which ·any advertisement relating to the affairs of the Board is published . · (3) A person shall not be disquaHfied u.nder Cl.ause ~d) or (e) of Sub-section (1) or be deemed to hav~ any sha.re or interest in any incorporated · . mpany which has any share or interest in any c~ntra.ct or employment with, by or on behalf of the Bo ~rd, by reason only of his being a share-holder ot such company; provided th.at such person dis~loses to the State Government the nature and extent of the shares held by him . . 1 · Substituted vide O.A. No . 4 of 1980. [S .6 ,, . '[(1) The Chairman and f S ervice- I s soone " ' ditions o r shall, un es . r 6 Term· of office and co~he ex offico me~~= date of his appointment · other than ars from ver other member, · d of three ye . mber : e mJved hold office for a peno maY be, other me t d the said period by a re · s the case t maY ex en as Chairman or, a Governmen · provid~d that the _stat~ne year : of office as aforesaid . d cl exceeding . f the term t ) further perio n h t after the exp1r_y o for re-a ppointmen . Provided furtherdt. aqualified, be el1g1ble as may be prescribed . shall unless is h allowances a person , ber shall receive sue r capacity or on payment (2) Every mem hold office in an honor_a yto the Chairman, such (3) The Chairman may neration is to be paid ch as may be prescribed. ation If any remu . ·ce shall be su of remuner d other conditions of serv1 d the remuneration' if any, to remuneration an he members an (4) The allowances tot f nd of the Board . id from the u the Chairman shall be pa . -If a member- . . 7 Vacancy in membership d' qualifications mentioned in · y of the 1s (a) becomes subject to an Section 5 ; or . . . to the State Gov_ernment and (b) tenders his resi~nation in dwri~1;g . the resignation is accepte . , f the Board from three successive (c) is absent without the perm1ss1on o ordinary meetings, he shall cease to be a member. d rdity of actions during such 8. Filling up casual vaca~cy afn veam1ber due to d.eath, resignation , in the office o a m · t t vacancy-(1) Any vacancy . b the State Government, by appoin men removal or otherwise shall be f1ll~dl~p f~ce for the unexpired period of term of of a person thereto, who shallh o. o appointed b ·n whose place e 1s so · the mem er 1 . . d ·n this Act the continuing (2) Notwithstanding anything ~~~t:ii~~o ~acancy h~d occurred . members may, during such vacancy, a . . . . . d to be good and valid -No d1squal1f1cat1on 9. Proceedings pres1.,1me · s a Chairman or a ~e~bde~f~~~~~ ~~a~J~~~~~!n~eo:ma;J t~e~~~antea~~~ga~t or proceedi.ngs of the Board if such act or proceedings is otherwise in accordance with the provisions of this Act. 1 o. Officers and employees of the Board-(1) The Board ~ha.II have a Housing Commissioner, one or more Assistant Housing Comm1ss1oners . a Chief Accounts Officer and such other officers and employees as the .Board may consider necessary for the efficient performance of its fu_nctions. · (2) The Housing Commissioner shall be the Secretary to the Board . (3) The appointment of the Housing Commissioner, Assistant Housing Commissioners and the Chief Accounts Officer shall be made by the State Government and the appointment of other officers ·and employees of the Board shall be made by the Board : Provided that the Board shall not appoint any officer in the scale .. of pay the maximum of which exceeds five hundred rupees a month without obtaining previous sanction of the State Government. 1. Substituted vide Odisha Housing Board (Amendment) Act, 1980-0.A. No. 4 of 1980 s . 15] Odisha Housing Board Act, 1968 161 (4) Subject to the rules made in that behalf the Board sha ll have power to create any post of its establishment : Provided that no new post in the scale of pay the maximum of which exceeds five hundred rupees shall be created by the Board without the previous sanction of the State Government. . (5) The salary and other conditions of service of the Housing Commissioner, Assistant Housing Commissioner s . Chief Accounts officer and other officers and employees of the Board shall be such as may be prescribed . 11. General disqualification of officers and employees-No person who has directly o r indirectly by himself or his partner or agent , any sha·re or interest in any contract by or on behalf of the Board or in any employment under, by or on behalf of the Boa rd , othe rw ise than as an officer or employee thereof, shall be elig ible to be appointed or continue as an officer or employee of the Board . .12. Appointment of Committees -Subject to any rules made under th i s Act , the Board may, from time to time , and for any particular local area appoint one or more comm ittees for the purpose of discharging such duties or performing such functions as it may delegate to them and any such Committee may discharge such duties or perform such functions w ith due regard to the circumstances · and requirements of that particular area . 13. Meeting of the Board-(1) The Board shall meet at least six t imes in a year to transact its business and a period of more than two months shall not elapse between two consecutive ordinary meetings of the Board. · (2) The business at the meetings of the Board sha ll , subject to the following clauses, be transacted in accordance with such regulat ions as the f:!oard shall make in that behalf- (a) the Chairman may whenever he thinks f it , call for special meetings; (b) quorum for every meeting shall be five ; (c) every meeting shall be presided over by the Chairman and in h is absence, by any member elected by the members present at the meeting to preside for the occasion; (d) if at any special or ordinary meeting of the Board a quorum is not present the person presiding over the meeting shall adjourn the meeting to any other day, not being later than seven days from the date of adjournment and no· quorum shall be necessary for such adjourned meeting ; (e) all questions at any meeting . shall be decided by a majority of. votes of the members present and l(oting and in case of equal ity of votes the person pre siding shall have.and exercise a second or casti ng vote ; · (f) the minutes of the proceedings of each meeting shall be recorded in a book to be provided for the _purpose. 14. Power to make contracts-The Board may enter into and perform or require the performance of all such contracts as it may consider necessary or expedient for ca rrying ou t any of the purposes of th i s Act. 15. Execution of cohtracts- (1) Every contract shall be made on behalf of the Board by the Cha i.rman : L... [S .16 Provided that- d'ture of or above rupees five crores ' [(a) no contract involving an expe~x~eeding such am.ount as.the State or any other higher sum ~ot specify from time to time , shall Government may. by not1f1cat1cot~~n of the State Government;] evious sa made without the pr d ture of '[rupees one lakh] and · an expen 1 · h t th (b) Cl no contract involving ( ) be made wit ou e previous I above shall, subiect to Clause .a , sanction of the Board ; . n expenditure of ' [rupees one d involving a · (ii) no estimate or ten er . t to Clause . (a) be sanctioned or lakh] and above shall , subJ~~ without the previous sanction of accepted , as the case may , the Board · . in Sub-section (1) shall also apply in (2) The provisions contained t of a contract or estim ate . . r r abandonmen respect of every varia 10.n ° h Chairman on behalf of the .Board (3) Every contract made by t \ n be entered into in such manner shall , subject to the provisions .of this sec io , and form as may be prescribed . d provided in th i s section and t ade or execute as (4) A contract no m 11 t be binding on the Board . h I de in that behalf sha no . t e ru es ma , wer to sanction contracts - (1 ) Subject 16. Delegation of Boar~hs f~ehalf the Board may, by o rder ,_ delegate to any rules that may be made in 1 ; t the Chairman or to any othe r offi cer of any of. its powers under Section o the Board . h . t . h 11 . f wers delegated under t 1s sec ion s a (2) The exercise o any po . . h t I . . t. lim itations and cond1t1ons and to sue con ro be subiect to such restric ions , . by the Board as may be specified in the order. CHAPTER-Ill Housing scheme 17. Powers and duties of Board to undertake housing schemes­ (1) Subject to the provisions of this Act and subject to the ~ontro l of the State Government the Board may ! rom time to time , incur expend iture a~d undertake works in any area for the framing and execu tion of such housing schem es as it ·may consider necessary. (2) The State Government may, on such terms and conditions .as they may think fit to impose, ent rust to the Boa rd th e fra ming and execution of any housing scheme whether provided for by this Act or not , and the Board shall thereupon undertake the framing and execut ion of such scheme as if it had been prov ided for by this Act. · (3) The Board may, on such terms and cond iti ons as may be agreed upon and with the previous approval of the State Government, take over for execution any housing scheme on behalf of a local au thori ty or Co-op erative society or on behalf of an employe r when the houses are to be bu ilt mainly for the res idence of the employees of the concerned loca l authority, co ­ operative society ?r the employer and any such scheme shall be executed by the Boa rd as 1f 1t had been prov ided fo r by this Act. ~---i~~;;d;;-()r,f :t;j~~a;::;;-;~;-;:--::~=--~~~~~~~~~-__. 1. Subs . vide O.G.E. No. 1559, Dt. 01 .10 .2010 -·- s. 18] Od isha Ho · using Board Act , 1968 163 . 18. Mat.ters ~o be provided for b ho . . anything contained in any other law fo ~ theut~~g sc~emes-Notw1thstand i ng 3cheme may prov ide for all or any of th f 11 .e being '"force , a housing . . . e 0 owing matters , namely · (a ) the acqu1s1t1on by purchase h · necessary fo r or affected bye~~ ange or.othe rwise of any property . e execution of the scheme ; (b) thed lday1ngl or relaying out of any land compri sed in the sch eme an eve opment thereof ; (c) the distr ibution .or re.-distribution of site belonging to owners of property comprised in the scheme · (d) the improvement and clearance of 0 slums in the area included in the scheme ; (e) (f) (g) (h) (i) (j) (k) (I) (m) (n) (o) (p) (q) (r) the . c losure or demol ition of dwelling or portions of dwel li ngs unfit for human habitation ; the demol it ion of obstructive build ings or portions of buildings ; the construction and re -construction of building s; the sale , letting or exchange of any property comprised in the scheme· the constructi on and alterat ion of streets and back lanes· , provisions for the draining , water-supply and lighting of the area inc luded in the scheme ; the prov ision of parks , playing-fields and open space for the ben.efit of any area comprised in the scheme or any adjoining area, and the enlargement of exist ing parks, playing-fields , open space and approaches ; the reclamation or reservation of lands fo r markets, gardens , playing-fields, Schools, dispensaries , hospitals and other amenities in the scheme ; th e letting out , management and use , of the Board premises ; the provision of sanitary arrangements required for the area comprised in the scheme , including the conservat ion and prevention of any injury or contamin ation to rivers of other sources and means of water-supply ; the provision of accommodation for any class of inhabitants ; the advance of money for the purpose ~ of the scheme ; the prov ision of fa cilit ies for communication and transport ; the collection of such information and statistics as may be necessary for the purposes of this Act; (s) any other matter for which , in the.opinion of the State Government , it is expedient to make provis ion with a view to provide housing accommodation and to the improvement or development of any area comprised in th e scheme or any adjo ining area or th e gen era l efficien cy of the scheme . Explanation -For the purposes of th is sect ion , the State Govern ment may, on the recommendation of the Board , by notification , specify such area surro und ing or adjoining the area included in a housin g schem e to be the adjoin ing area. l [S 19 1 housing programme f annua f D b. brnission ° the first day o ecern er . andsu (1)Before . 19. Prepar~t1o;ent schedule . d forward · budget and establish d shall prepare an in each year, the Boar (1) programmeth; next year ; and loyed and to be employed (ii) budget for e ff already emP ( ... ) a schedule of the sta 111 . the next year, be prescribed . during h form as may St t Government in sue tain · to the a e The programme shall con t of housing schemes which (2) .b d particulars in resp~c ther in part or whole during (a) the prescn e to execute w e the Board proposes the next year; work which the Board proposes t culars of any undertaking or may be during the next year (b) ttheo~ga~~1se or execute, as the ca~~uilding ~aterials ; and o f production o for the purposes 0 be prescribed. (c) such other particulars as m:Ystatement showing the estimated (3) The budget shall contain nue accounts for the next year n capital and reve receipts and expenditure 0 ud et and establishment schedule- 20 sanction of programme, b t g d the schedule of the staff the · mme budge an 'f t th After receipt of the progra · he same with such modi 1ca ions as ey State Government may approve t deem fit. . . . ro ram me· Th~ State Government 21 . Publication of sanctione~ . P ne~ by them under Section 20 in shall publish the programme as sane 10 the Gazette . d t ramme and budget. The Boar may, a any 22. Supplementary prog . e has been sanctioned ~~de~rd~~~t1~~e2be:~·bi~i~e:~~~tp~!~:~ct~:/;~0g~:;:rne and budget and the additional schedule of the staff, if any, to the State Government and the provisions of Sections 20 and 21 shall apply to such supplementary programme, budget or schedule, as the case may be . · 23. Variation of programme by Board after it is sanctioned -The Board may, at any time, vary any programme as sanctioned by the State Government or any part thereof : 0 Prnvided that no:such variation shall be made if it involves an expenditure in excess of ten per cept o.f .the amount as originally sanctioned for the execution of any housing scheme included in such programme or if it affects its scope or. purpose. 24. Sanctioned housing schemes to be executed-After the programme has been sanctioned by the State Government under Section 20 the Board shall , subject to the provisions Section 23, proceed to execute the housing scheme . included in the programme. · . 25. Transfer of land vested in Improvement Trust, Municipal council , etc., to the Board-(1) Whenever any land or part th f t d . 1 ment Trust Municipal Council P h . . ereo ves e in any mprove . ' · anc ayat Sam1t1 or Gra s · · I ded 1n the programme sanctioned b th S ma asan 1s inc u purposes of carrying out the ho~sine tate G~vernment and i_s requ ired for the the Bo_ard shall give notice accor~ i~cheme in accordance with the program~e , Council , Panchayat Samiti or G gly to the Improvement Trust, Municipa l rama Panchayat, as the case may be . . s. 27] Odisha Housing Board Act, 1968 165 (2) Where the Improvement Trust, Municipality, Panchayat Samiti or Grama Sasan concurs, such land or part thereof, shall vest in the· Board . (3) Where the Improvement Trust, Municipal Council, Panchayat Samiti or Grama Sasan concerned, refuses to give any such land for the purposes of Sub-section (1) , the matter may be referred to the State Government by the Board , and the State Government shall, after hearing the parties concerned, decide the matter and if they decided that such land or part thereof shall vest in the Board, it shall vest accordingly. (4) Nothing in this section shall affect the rights or power of the Improvement Trust , Municipal Coun~il , Panchayat Samiti or Grama Sasan in or over any drain or water work in such }and . 26. Compensation in respect of land vested in the Board- (1 ~Where any land vests in the Board under the provisions of Section 25 and the Board makes a declaration that such land shall be retained by the Board only until it re-vests in the Improvement Trust , Municipal Council, Panchayat samiti or Grama Sasan, as the case may be , as part of a street or open space under Section 29, no compensation shall be payable by the Board to the improvement Trust, Municipal Council , Panchayat Samit i or Grama Sasan , as the case may be, in respect of the land . (2) Where any land vests in the Board under Section 25 and no declaration is made under Sub-section (1) in respect of the land , the Board shall pay to the Improvement Trust , Municipal Council , Panchayat Samiti or Grama Sasan, as the case. may be , as compensation a sum equal to the value of such land . (3) If, in any case where the Board has made a declaration in respect of any land under Sub-section (1) the Board retains or disposes of the la rid contrary to the terms of th.e declaration so that the land does not re-vest in the Improvement Trust, Municipal Council, Panchayat Samiti or Grama Sasans , as the case may be , the Hoard shall pay to the Improvement Trust , Municipal Council, Panchayat Samiti or Grama Sasan, compensation in respect of such land in accordance with the provisions of Sub-section (2) . 27. Power of Board to divert or close public street vested in it-(1) The Board may divert, discontinue the public use of, or permanently close, any public street vested in it or any part thereof. (2) Whenever the Board discontinues the public use of, or permanently closes, any public street vested in it or any part thereof, it shall, as far as practicable , provided some other reasonable means of access in lieu thereof for the use, by ihose entitled to the use of such street or part thereof and pay reasonable compensation to every person who is ent itled, otherwise than as a mere member of the public, to use such street or part as a means of access and .h·as suff.ered damage from such discontinuance or closing . (3) In determining the compensation payable to any person under Sub-section (2), the Board shall make allowance for any benefit accruing to him from the construction, provision or improvement of any other public street at or about the same time that the public street or part thereof, on account of which the compensation is paid , is discontinued or closed . (4) When any public street vested in the Board is permanently closed under Sub-section ( 1) , the Board may sell or lease out so much of the same as is no longer required. l [S 28 f dispute under Section 26 or I in case o r . 28 . Reference to Tri.buna s to whether any compensa ion is payable . 27 _1f there is any dispute a. ble under Section 26 or Section Section ensat1on paya or as to the amount of comp d to the Tribunal. . 27 the matter shall be referre ment Trust, Municipal Council, etc ., of 29 . vesting in the Improve ace provided by the Board -(1) d and open sp streets la id out or altere ent are satisfied- . Whenever the State Governm It red by the Board has been duly t laid out or a e d d . (a) that any stree fl d channelled, sewere an drained levelled, paved, metall~d.' tahgeg~r~gramme sanctioned by the State in the manner provide in . d Government under Section 20 , an t nd other apparatus as the Improvement (b) that such lamps, lamp-po~ s:anchayat Samiti or Grama Sasan , as Trust , Municipa~ C~~~~\ders necessary for the lighting of such the case may e, ·ded by the Board have been so streets and as ought to be P• ov1 provided ; and . (c) that water and other sanitary convenjence have bee.n duly provided . in such street, S G t may decla re the street to be a public street , and the the tate overnmen . . . street shall thereupon vest in the Improvement Trust, Municipal Council, Panchayat Samiti or Grama Sasan , as the case may be .. (2) When any open space for purposes of ventilation or recreation has been provided by the Board in executing any housing Scheme , 1t shall on completion be transferred to the local authority c?ncerned, by resolution of the Board and shall thereupon vest in , and be maintained at the expense of the local authority : Provided that the local authority may require the Board before any such open space is so transferred to enclose , level , turf, drain and lay out such space and provide footpaths therein, and if necessary, to provide lamps and other apparatus for lighting it . · (3) If any difference of opinion arises between the Board and the Improvement Trust, Municipal Council , Panchayat Samiti or Grama Sasan, in respect of any matter referred to in the preceding sub-sections the matter shall be referr.ed to the State Government whose decision thereon shall be final. 30. Other duties of the Board-(1) It shall be the duty of the Board to take necessary measures to maintain, allot , lease and otherwise use the Board premises and to collect rents , compensation and damages in respect thereof . (2) The Board may- (a) provide! technical advice to the State Gover~ment and scrutin ise proiec s under housing h . . extends wh . sc emes in the area to which th is Act , en requ ired by the State Government to do so ; (b) undertake research 0 . . in general and find o~tv.anous .Problems connected with housing constructing ho ~n particular the economical methods of (c) undertake uses suited to local conditions; comprehensive (d) do all th ings for _ surveys of problems of housing ; and s. 34) Odisha Housing Board Act, 1968 167 (i) unification , simplification and standardisation of building materials; (ii) encouraging pre-fabrication and mass production of house components ; (iii) organi~ing ~r undertak ing the production of building materials for res1dent1al or non-residential houses; (iv) securing a steady and sufficient supply of workmen trained in the work of construction of bu ildings . 31 ._ Reconstitution of plots-A housing scheme may prov ide- ( a) for the formation of a reconstituted plot by alteration of the boundaries of an original plot ; (b) with th!'! consent of the owners, ·that two or more original plots each of which is held in ownership in severality or in joint ownership shall, with or without alteration of boundaries be held in ownership in common as a reconstituted plot ; and (c) for the allotment of a plot to any owner dispossessed of land in furtherance of the housing scheme. · 32 . Power to exempt scheme from provisions of Sections 18 to 24-The State Government may, by general or special order published in the · Gazette exempt any housing scheme entrusted to the Board by the State Government from all or any of the provis ions containE!d in Sections 18 to 24, subject to such conditions, if ahy, as they may impose or they may direct that any such provision shall apply to such scheme with such modifications as may be specified in the order. CHAPTER-IV Acquisition and disposal of land 33 . Power to purchase or take lease by agreeinent-(1) The Board may enter into' an agreement with any person for the acquisition from him by purchase, lease or exchange, of any land which is needed for the purposes of a housing scheme or any interest in such land or for" compensating the owners of any such right in respect of any deprivation thereof or interference there'vl(ith : Provided that the previous ap"proval of the State Government shall be o·btained in case of purchase or exchange involving land worth more than rupees ten thousand and in the case of a lease for more than five years . (2) The Board may with the previous approval of the State Gov:rnment also . take steps for the compulsory· acquisition ~f any land ~r any interest therein required for the execution of any housing scheme in the . n:~nner provided in the Land Acquisition Act, 1894 (1of1894) and .the acqu1s1tion of any land or any interest therein for the purposes of this.Act shall be deemed lo be acquisition for a public purpose within the meaning of the said Act. 34. Betterment charges-(1) When by the execution of any ho.using ·11 · th pinion of scheme any land in the area comprised in the scheme wi in e 0 . the Board be increased in value , the Board in framing the scheme may with the prior approval of the State Government ·declare that betterment charges shall be payable to the Board by the owner of the land or any persodn having . h · ase in value of the Ian . an interest therein in respect of sue mere I [S .35 b deemed to be amount by Which · · 1ue shall e f f th 2) Such i·ncrease in va letion of the execu ion o e scherne the valu~ of the land on the com~f the buildings exce~ds the value of the estimated as if the land .were clea~cheme estimated in ."ke man~er and the land prior to the execution of the d ne-half of such increase in value . hall not excee o . . betterment charges s . tained in Sub-section (1 ) , in respect (3) Notwithstanding anything cons at the time of the execution of the of any land used for agricultural pu~f~s~e~iable by the Board in such manner scheme the betterment charges sha ch ~and is used, or converted for use, for as may be prescribed, only after su . non-agricultural purposes. r bl for betterment charges-(1) The Board 35. Notic.e to persons ~~ f~rm to any person who is the owner of or shall give notice in the prescnb t f which the betterment charges are to be has interest in the land in re spec 0 rtunity to be heard . levied and shall give such person an oppo . h . ch person or if such person falls to appear, after ,m Afftehr earingdswu ·1thin which ~uch person is required to appear the expiry o t e peno t f b before the Board , the Board shall proceed to assess the amoun o etterment charges . (3) Where the assessment of betterme~t ~harges pr.oposed by the Board is accepted by the person concerned within the period prescribed the assessment shall be final. · (4) If the person concerned does not accept the assessment proposed by the Board , the matter shall · be referred to the Tribunal. (5) The Tribunal shall, after holding an inquiry and after hearing the person concerned, assess the amount of the betterment charges payable by the person . 36. Agreement for payment of betterment charges-(1) Any person liable to pay betterment charges in respect of any land may at his option instead of paying the said charges in lump sum to the Board. execute an agreement with the Board to pay the same in such number of instalments as may be determined by the Board at such interest as may be prescribed. (2) Every payment due from any person in .respect of betterment charg~s and e~ery c.harge referred to in Sub-section (1 ) shall , notwithstanding anything contained in any other enactment and notwithstanding the execution of an.y mortgage ~r charge, created either before or after the commencement of this Act, be a first charge on the interest. of such person in such land . 37. Recovery of betterme'nt h A of any land by any person ori a c arges- II sums payable in resp~ct 34 or by any person unde ccount of betterment charges under Section prejudice to any other moder oafn agreement under Section 36 shall, without recovery be reco bl . d revenue. . · vera e as an arrear of Ian 38. Power to dispose of land S . behalf, the Board may retain, lease t - ubiect to any rules made in that of, any land , building or other prop 0~' sell .,exc.hange or otherwise dispose comprised in any housing schem er Y ~esting 1n it and situate in the area e permitted under th . A . 39. Disputes regarding reco . . is ct. execution of a housing scheme nst1tut1on of plots-(1) Where by the the scheme are reconstituted ' any plots comprised in the area included in land the Board shall, a.fter maki~~ =~~ person is ~ispossessed, from any h inquiry as 11 thinks fit, award to the s. 45] Odisha Housing Board Act, 1968 169 erson affected by such reconstitution or dispossession such compensation ~s it deems reasonable . If the . person is dissatisfied with the decision of the Board in the matter, he may inform the Board accordingly and the Board shall thereupon refer the matter to the Tribunal. (2) Th.e Tribunal shall . after making an inquiry, determine the amount of compensation and direct the Board to pay the same to the person entitled . CHAPTER-V Tribunal 40. District Judge to be the Tribunal-The District Judge having jurisdiction in the area concerned shall be the Tribunal. 41 . Duties of the Tribunal-The Tribunal sha ll decide- (a) whether any compensation is payable under Section 26 ; (b) the amount of compensation in matters referred to it under Section 28 ; (c) disputes relating to betterment charges referred to it under Section 35 ; (d) disputes and the amoun't of compensation to be awarded under Section 39 ; and (e) such other matters as may be prescribed . 42. Powers of and procedure before Tribunal -(1) In making enquiries the Tribunal shall have and exercise , as far as may be , the same powers and follow the same procedure as under the Code of Civil Procedure , 1908 (5of1908) . (2) Every order made by the Tribunal for the payment of money or for the delivery of the possession of any property or for removal of any structure shall be enforced by District Court as if it were the decree of the said Court. (3) The proceedings before · the Tribunal shall be deemed to be judicial proceedings within the meaning of Sections 193 and 228 of Indian Penal Code (45 of 1860) . 43 . Decision of Tribunal to be final-The ,decision of the Tribunal on . any matter referred to it under this Act shall , subject to the provisions of Section 44, be final. 44. Appeals to the High Court-The Board or any person aggrieved by the decision of the Tribunal may, within three months from the date of the decision or such further period as the High Court may for sufficient cause allow, prefer an appeal before the High Court . CHAPTER-VI Power to evict persons from Board promises 45. Power to evict certain persons from Board premises- (1) If the competent authority is satisfied- (a) that the person authorised to occupy any Board premises has­ . (i) not paid rent lawfully due from him in respect of such premises for a period of more than two months ; or (ii) sub-let, without the permission of the Board the whole or any part of such premises ; or [S .46 . . aterial additions to , or alterations in (i ii) made , or is making , ~ the previous written permission of such premises w1thou the Board ; or . . contravention of any of the terms, express or (iv) _otherwise actedh1n h he .is authorised to occupy such premises; or implied under w 1c ' . . thorised occupation of any Board premises (b) that any person is in u~au anything contained in any law for th~ he may: no_tw;ths~anby1~~tice served (i) by post , or _(ii) by affixing time being in orhc , ter-door or sorrie other conspicuous part of a copy of 1t on t e ou b . . ( ... ) in such other manner as may e prescribed such premises or 111 h ' 'h erson as well as any other person w o may be othe r than sue P f h · ' . · f the whole or any part o t e promises , shall in occupation o f · h ·th .in one month trom the date o the service of the vacate t em w1 notice : . Provided that no such order shall be passed unless the person has been afforded an opportunity to show-cause why such order should not be made . . (2) If any person refuses or fails to comply ".""ith an order made under Sub-section (1) , the competent authority may evict that person from , and take possession of the premises and may for that purpose .use such reasonable force as may be _necessary. (3) If a person , who has been ordered to vacate any pre_mises under Sub-clause (i) or (iv) of Clause (a) of Sub-section (1) pays , w1th1n thirty days of the date of service of the notice or such . longer time as the competent authority may allow, to the Board the rent in arrears or, as the c.ase may be, carries out or otherwise complies with the terms contravened by him to the satisfaction of the competent authority, he shall, instead of evicting such person under Sub-section (2) cancel the order made und.er Sub-section (1) and thereupon such person shall hold the premises on the same term on which he held them immediately before such notice was served on him . Explanation-For the purposes of this section and Section 46, the expression "unauthorised occupation ", in relation to any person authorised to occupy any Board premises , includes .the continuance in occupation by him or by any person claiming through or under him of the premises after the authority under which he was allowed to occupy the premis~s has expired or has been duly determined . 46 . Power to recover rent or damages as arrears of land revenue­ (1) Subject to any rules made by the State Government in that behalf and ~i~hout prejudice to the prov~sions contained in ·section 45, where any person 1s in ar_rears of rent p_ayable 1n respect of any Board premises, the competent authority may, by notice served (i) by post, or (ii) by affixing a copy of it on the ~uter-door or some other conspicuous part of such premises or (iii) in such othe_r manne_r as may ~e prescribed, order that person to pay the same within such time, not be.1ng .less than thirty days from the date of service of the notice, as may be spec1f1ed therein : . (2) Where any person is in unauthorised occupation of any Board premises , the competent authority may, in the prescribed manner, assess ~uach dama~es on account o~ the use and occupation of the premises as he y deem fit, . and may by notice served {i) by post, or (ii) by affixing a copy of s. 50) Odisha Housing Board Act , 1968 171 .1 on the outer-door or some other cons . ' h th p1cuous part of s h . ( i) in sue o er manner as may be pre .b uc premises , or t~e damages within such time , not being 1 :~r~ t~d , order that person to pay of serv ice of the notice , as may be specified thear~it~_irty days from the date (3) If any person , who is served with . or under Sub-section (2), re fuses or tails to aano:~ce under Sub-sectjon (1) With such notice, the amount shall without P y d.e amount in accordance b b · preiu ice to any other mode of recovery, e recovera 1e ·as an arrear of land revenue . 4 7. Rent to be recovered by deduct· f . (1) w ·th . . ion rom salary or wages in certain cases- 1 out pr_eJud1ce to the provisions contained in Sections 45 and 46 any person who 1s an employee of the St t G th ·t and h h a e overnment or a local au on Y. . w 0 · as been allotted any Board premises may execute an agreement m favour of the Board providing that the State Government or the local authority, as the case may be, under or by whom he is employed, · shall be competent to deduct from the salary or wages payable to him such amount as may be spec1f1ed 1n the agreement and to pay the amount so deducted to the Board l owards the rent due from him in respect of the Board premises allotted to him. . (2) On the execution of such agreement, the State Government or local auth~rity, as the case may be , shall , if so required by the Board by requisition in writing, ma.ke the deduction of the amount specified in the requisition in accordance with the agreement and pay the amount so deducted to the Board . . 48. Appeal-(.1) Any person aggrieved by an order of the competent authority under Section 45 or Section 46 may, within one month of the date of the service of notice under Section 45 or Section 46 , as the case may be , prefer an appeal to the District Judge.of the district in which the premises are situate : Provi.ded that the appellate authority may entert~in the appeal after the expiry of the said period of one month, if he is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time . (2) On receipt of an appeal under Sub-section (1) the appellate authority may, after calling for a report from the competent authority and after making such further enquiry, as may be necessary, pass such orders as he thinks fit. · (3) Where an appeal is preferred under Sub-section (i) the appellate authority may stay the enforcement of the order of the competent authority fo r such period and on such conditions as he thinks fit . 49. Finality of orders-All orders passed by a competent authority under this Chapter Shall , subject to orders , if any, passed in an appeal under Section 48, be final and shall not be called in question in any Court . CHAPTER:Vll Finance , accounts and audit 50. Board ' s Fund-(1) The Board shall have a fund called the Housing Board Fund. · · (2) The Board may accept grants , subventions, donations .and gifts from the Central Government or State Government or a local authority or any indiv idual or body, whether incorporated or not, fo r all or any of the purposes of this Act. [S . 51 G rnment may, from time to time , make grants to (3) The State ove . d ·nistrative expenses . . eet its a mt the Board to enable it to m behalf of the Board by virtue of this (4) All moneys received ·~rh~rr ~~nd of property sold by the Board, all Act , all proceeds of land or anynd other moneys accruing to the Board shall rents and all interest , profits a d Fund · Boar · be credited to the Housing . d b the State Government , all moneys (5) Except as otherwise directed :hali be deposited in the Reserve forming part of the Fund of the Bdo~r nk or invested in such securities as Bank of India or in any SchedGule ern~ent . · ed by the State ov · may be approv ted upon by such officers as may be (6) Such account shall be opera authorised by the Board . · f this section the Reserve Bank of t' For the purposes o ' Explana ion- Bank of India constituted under the Reserve India shall mean the Reservef 1934 ) and a Scheduled Bank shall .mean a Bank of Indi a Act , 1934 (2 doS. hedule to the said Act. Bank included in the Secon c . . . Fund -All property, the Housing Board Fund, 51 . Application °~ th~ the Board shall be held and applied by it , and all either assets vesting in f this Act. sub·ect to the provisions and for the purposes o . . J • • f one head to another -Subiect to the prior 52 Appropriation rom · d . · t the Board may within the bu get sanctioned sanction of the State Govern men ' ' atio~ of an amount not exceeding b th St t Government make an appropri Y e a e f , ne sub-head to another or from one· minor ten thousand rupees , rom 0 head to another under the same major head . 53 Subventions and loans to the Board-(1) The State Government f t:me tb time make subvention to the Board for the purposes of this may rom 1 . . . Act on such terms and conditions as they may determine · (2) The state Government may from time ~o time advance loan.s to . the Board on such terms and conditions not inconsistent with the prov1s1ons of this Act as they may determine . 54. Power of Board to borrow -( 1) The Board may from time _ to time , with ·the previous sanction of the State Government and subject.to lh.e provisions of this Act and to such conditions as may b:e prescribed in this behalf, borrow any sum required for the purposes of this Act . . (2) The rules made by the State Governm'ent for the purposes of th is section may empower the Board to borrow by the i'ssue of debentures .and to enter into financial arrangements with Banks and other financial institutions including the Life Insurance Corporation of India . (3) All debentures issued by the Board , shall be in such form as the Board with the sanction of the State Government may, from time to time , determin.e. (4) Every debenture , shall be signed by the Chairman and one ottter member of the Board . (5) Loans incurred and debentures issued under this section maY . . I be guaranteed by the State Government as to the repayment of princ1pa and the payment of interest at such rate as may be fixed by the State Government. s. 59] Od isha Hous ing Board Act, 1968 · 173 55 . Account and aud it -(1.) The Board shall . . oper books of account and such other b k cause to be maintained . ~~e rul es and shall prepare an annual s ta~~mse~~ ~ay be required u.nder such parti culars as may be prescribed. . accounts containing (2) The Board shall cause its accounts to be audi ted annual! b such pe rsons as the State Government may direct . Y Y (3) As soon as the accounts of the Boa rd have been audited the Board shall send a copy thereof together with a copy of the report of the auditor _thereon to the Sta te Government , and shall cause the accoun ts to be published '° the prescribed manner and place copies thereof on sale at a reasonable pri ce . · (4) The Board shall comply with such directions as the State Government may. after perusal of the report of the auditor, th ink fit to issue . 56. Concurrent and special audit of accounts-(1 ) Notwithstanding anything contained tn Se~t i on 5_5, the State Government may order that there shall be co~current audit of the accounts of the Board by such person ·as they think fit. The State Government may also direct a special audit to be made by a Chartered Accountant appointed by them of the accounts of the Board relating to any particular t r-ansaction or a class or series of transactions or to a particular period . . (2) When an order is made under Sub-section (1 ) , the Bo~rd shall present or cause to be presented for audit such accounts and shall furn ish to the person appointed.under Sub-section (1) such information as the said person may require for the .purposes of ·audit and remedy or cause to be remedied the defects pointed out by such person, unless they are condoned by the State Government and shall also meet the ·cost, if any, of such audi t. CHAPTER-VIII Miscellaneous 57 . Reports -The Board shall , before such date and in such form and at such intervals as may be prescribed , submit to the State Government reports on such matters as may be prescribed , and the State Gover~ment may, if considered necessary, cause such report to be published in the Gazette. 58. Other statements and returns-The Board shall also submit to the State Government such statistics , returns , particulars or statements in regard to any proposed or existing housing scheme or relat ing to any matter or proceedings connected with the working of the Board at such time and in such form and manner as may be prescribed or as the State Government may, from time to time, direct . 59. Power of entry-The Chairman or any person either generally or specially authorised by the Chairman in th is behalf may, with or without assistants or workmen, eriter into or upon any land, in .order- (a) to make any inspection, survey, measurement, valuation or inqui ry; (b) to take levels ; (c) to dig or bore into the sub-soil ; (d) to set boundaries and intended lines of work ; l [S .60 oundaries and lines of work and cutting (e) to make such levels , b trenches ; or (f) to do any othe r thing , of the purposes of this Act or any to do so for any whenever it is necessary . d thereunder : rules made or scheme sanct1 one Prov ided that- b tween sunset and sunrise ; ('1) uch entry shall be made e no s ublic building which is used as a (ii) no dwelling house and no pntered except with the consent of 11 · I ce shall be so e , . . dwe 1ng P a · d 'thou! giving the said occupier at least the occupier ther~of, a~ wiwritten notice of the intention to make twenty-four hours previous such entry ; . . . . 11 in every instance be given , even when any (iii) sufficient notice s~a . e be entered without notice , to enable pre~ises mayfot eyrwap1sartment occupied by women to remove the inmates o an h · · e Part of the premises where t e1r privacy Wil l themselves to som not be disturbed ; d h II always be had so far as may be compatible with (iv) due regar s a ' · d the exigencies of the purpose for which the entry 1s r:na e, to the social and religious usages of the occ~pants of the premises entered. 60. Notice of suit. against Board -No person shall commence any su it against the Board or against any officer or employ~e of the Board or ;:iny person acting under the orders of the Board, for anything done or purporting to be done in pursuance of this Act, without g1vtn~ to the ~oard , of~1~er or employee or person concerned two months' previous .notice in .wnt1ng of the intended suit and of the cause thereof nor after six months from , the date of the act compla ined of. 61 . Valuation of assets and liabilities of the Board-The Board shall at the end of every three years have a valuation of its assets and .liabilities made by· a valuer appointed with the approval of the State Government: F'.rovided that it shall be open to the .State Government to direct a valuation to be made at any time they may consider necessary. · . 62. Power to make rules-(1) The State Government may, by notification and subject·to the condition of previous publication, make rules for carrying out the purposes of this Act . (2) In particular and without prejudice to the generaiity of the foregoing power, such rules may be made for all or any .of the following matters, namely: (a) the allowances of members and remuneration and conditions of service under Section ·6; · (b) the manner and form in which contracts shall be entered inio under Section 15; · · (c) /he form of annual housing programme, budget and schedule of ;.staff of officer~ and employees, particulars of housing scheme and . ~ther particulars to be contained in the programme under Section 19; (d) the form of notice under Section 35 . (e) the rate of interest under Section 3~ ; s. 64] (f) (g) (h) (i) (j) (k) (I) Odisha Housing Board Act , 1968 175 other matters to be decided by the T .b . ri unal under Section 41 · the forms of notices under Sections 45 a d 46 . d , manner in which they may be served · n an any other the p~ocedure to be followed in !akin~ possession of any Board premises under Section 45 ; the manner in which damages under Section 46 may be assessed ; the manner in which appeals may be preferred under Section 48 and the procedure to be followed in such appeals ; the conditions subject to which the Board may borrow any sum under Section 54 ; the manner of preparation , ma intenance and publication of accounts under Section 55 ; . (m) the date before which , the form in which the interval at which and the matters on whicti reports shall be submitted under Section 57 ; (n) the time at which and the form and manner in which stat istics returns, particulars and statements shall be submitted unde; Section 58 ; (o) the manner in which the Board shall be superseded and recon.stituted under Section 74; (p) specifying the bye-laws, the contravention of any of which shal.1 be an offence ; and (q) any other matter which is to be or may be prescribed under this Act. (3) All rules made under· this section shall be laip as soon as may be after they are made before. the State Legislature for a total period of fourteen days which may be comprised in .one or more sessions and if during the said period the State Legislature makes modificat ions , if any therein, the rules shall thereafter have effect only in such modified form, so however that such modifications shall be without prejudice to the validity of anything previously done under the rules . . 63. Regulations-The Board may, from time to time with the previous approval of the State Government, by notification, make regulations not inconsistent with this Act or the rules made thereunder- (a) for .the management and use of buildings constructed under any housing scheme ; (b) laying dqwn the principles to be followed in allotment of tenements and premises ; and (c) for regulating its procedure and the disposal of its bus iness . 64. Power to make bye-laws-(1) The Board may make bye-laws , not inconsistent with this Act , and the rules and regulations , which· may be necessary or expedient for the purpose of carrying out its dut ies and functions under this Act. (2) No bye-law mac:le by the Board shall come into for~~ until it has been confirmed by the State Government with or without mod1f1cat1ons . (3) All bye- laws made under this section shall be published in the . Gazette . [S .65 . f bye-laws-Whoever contravenes a travent1on o h' h . . 65 . Penalty for con the contravention of w 1.c . is prescribed as bye-law made under Section 64 . hable with imprisonment for a term an offence shall on conv iction . be p~n;.~e which may extend to five hundred which may exten'd to one month or wit 1 rupees or with both , . . -If ny person- f bstruct1on etc . a 66 . Penalty or 0 'th whom the Board has entered 'into a (a) obstructs any person wi e or execution by such person of his contra ct. in the P.erfo r~a~c he is empowered or required to do duty or of anything w ic under th is Act ; or . . . k t p for the purpose of 1nd1cat1ng any level (b) removes. any mar se tuo the execution of works authorised under or d1rect1on necessary this Act ; . . b n·ishable with imprisonment for a term which he shall , on conv1ct1on e pu . d t d t t ths Or with fine wh ich may inten to one thousand may ex en o wo man rupees or with both . 67. Penalty for contravention of any provision of Chapter VI and for obstructing lawful exercise of powers thereunder-Any person who contravenes any provision of Chapter VI or any rule or order made thereunder or obstructs the lawful exercise of any power conferred by or under that Chapter shall, on conviction . be punishable with fine which may extend to one thousand rupees. . 68. Authority for prosecution -Unless otherwise provided, no Court shall take cognisance of any offence punishable-under this Act. except on the complaint.of, or upon ioformation received from, the Board or any·person authorised by the . Board by general or special order in that be.half. 69. Certain persons to be public servants-The competent authority and all members, officers and employees of the Board shall when acting or purporting to act in pursuance of any of the provisions of this Act, be deemed to be P.ublic servants within the meaning of Section 21 -of the Indian Penal Code (45 of 1860) . 70. Protection of ac;tion taken under this Act -No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or purported to be done under this Act. 71 . Applicability of Odisha House Rent Control Act-The Odisha House Rent Control Act . 1967 (Odisha 4 Act of 1968)- (a) shall not apply to any house belonging to or vesting in the Board under or for the purpose of this Act · (b) ~hall not. apply as against the Boa.rd to any tenancies or other like relat1onsh1p created b th B . but Y e oard in respect of such house; (c) shall apply to any house let to the Board . . 72. Government's power to . . . Government may give the 8 d giv~ d1r_ections to Board-The State necessary or expedient for ca~ra~n s~~h direct10.ns as in their opinion_ ~re an opportunity to the Board to :tatg 't t the purposes of this Act, after g1v1ng and after considering the said be 1 s_ Objections , if any, to such directions Board to comply with such direc~i~~~tions , and it shall be the duty of the .. s. 76) Odisha Housing Board Act , 1968 177 73 . Registration of documents executed on behalf of Board -(1) Notwithstanding anything contained in the Indian Registration Act , 1908 (16 of 1 go8) i t shall not be necessary for the Chairman to appear in person or bY agen~ at any reg1st ra.t1on office in any proceed in_g connected with the reg istration of any instrument executed b_y him in his official capacity on behalf of the Board or to sign as provided in Section 58 of that Act. (2 ) Where any. instrument is so executed , the registrat ion officer to whom such instrument is presented for registration may, if he thinks fit, refer to the Chairman for information respecting the same, and on being sat isfied of the execution thereof, shall register the instrument. 74. Default in performance of duty-(1) If the State Government are satisfied that the Board has made default in performing any duty imposed on it by or under this Act , they may fix a period for the performance of that duty. (2) If in the opinion of the State Government, the Board fails or neglects to perform such duty within the period so fixed for its performance , it shall be lawful for the State Government , notwithstanding anyth ing contained in section 6, to supersede and. reconstitute the Board in the prescribed manner. (3) After the supersession of the Board and until it is reconstituted , the powers , duties and functions of the Board. under this Act shall be carr ied on by the State Government or by such officer or officers as the State Government may appoint for this purpose . 75. Di,ssolution of the Board-(1) The State Government may, by notification, declare that with effect frol}l such date as may be specified in the notification, the Board shall be dissolved : Provided that no such declaration shall be made by the State Government unless a resolution to that effect has been moved in and passed by the State Legislature . · (2) With effect from the date specified in the notification under Sub­ section (1 )- (a) . all properties , funds and dues which are vested in and realisable _by the B.oard shall vest in and be realisable by the State Government; and (b) all liabilities enforceable against the Board shall be enforceable against the State Government to the extent of the properties, funds and dues vested in and realised by the State Government. (3) Nothing in this section shall effect the liability of the State Government in respect of loans or debentures guaranteed under Sub-section (5) of ,Section 54. 76. Member of the Legislative Assembly not to receive remuneration­ Notwithstanding anything contained in Section 6, if a member of the State · Legislature is appointed as a member of the Board (including the Chairman thereof) , he shall not be entitled to receive any remuneration other than travelling allowance .' daily allowance, or such other allowance which is paid to a member of the Board for the purpose of meeting the personal expenditure incurred in attending the meetings of the Board or in performing any othe~ functions as such member. • DOD l [. { "type": "Document", "isBackSide": false } { "type": "Document", "isBackSide": false } { "type": "Document", "isBackSide": false } { "type": "Document", "isBackSide": false } { "type": "Document", "isBackSide": false } { "type": "Document", "isBackSide": false } { "type": "Document", "isBackSide": false } { "type": "Document", "isBackSide": false } { "type": "Document", "isBackSide": false } { "type": "Document", "isBackSide": false } { "type": "Document", "isBackSide": false } { "type": "Document", "isBackSide": false } { "type": "Document", "isBackSide": false }